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Ordinance 35000006.90000 WSS /gjz 3/22/04 R:3 /29 /04gjz R:4 /21 /04gjz ORDINANCE NO. 3500 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A POLICY FOR THE PROVISION OF RESCUE OPERATIONS AT THE TREATMENT PLANT, PROVIDING FOR THE PAYMENT OF A CHARGE FROM THE WASTEWATER TREATMENT PLANT TO THE GENERAL FUND, FIRE DEPARTMENT BUDGET AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, provisions of the Washington Administrative Code require the Edmonds Wastewater Treatment Plant to designate a provider for confined space rescue operations;- and WHEREAS, the Edmonds Fire Department has individuals trained in confined space rescue and equipment necessary to conduct such rescue operations, and WHEREAS, the City Council deems it to be in the public interest to designate the Edmonds Fire Department as the provider of confined space rescue at the Edmonds Wastewater Treatment Plant, subject to the clarification that the Edmonds Fire Department, as an emergency rescue operation, will use its best efforts to endeavor to provide confined space rescue but, due to emergency demands and priorities may be unable to respond to any particular call, and WHEREAS, the City Council wishes it to be clear that the duties undertaken are general duties to the public at large and do not create a duty to any specific individual, particularly to individual employees of the Wastewater Treatment Plant, NOW, THEREFORE, {WSS567458.DOC;1/00006.900000/} - 1 - THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Pursuant to the requirements of the Washington Administrative Code 296 -62- 14150, the Edmonds Fire Department is an agency that has the "capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified..." The Mayor or his designee is hereby authorized to designate the Edmonds Fire Department as the provider of confined space rescue services to the Edmonds Wastewater Treatment Plant ( "WWTP ") subject to the following terms and conditions: 1.1 The duties created are general and create no specific duty to any individual, person or employee. The Edmonds Fire Department is an emergency responder. While the Edmonds Fire Department has the training, personnel and equipment, and therefore the capability to reach the victim within the time frame appropriate for the hazards which have been identified, other emergencies, such as natural or other disasters caused by man, acts of terrorism as well as single, multiple or escalating incidents such as medical emergencies, structure fires, motor vehicle accidents or hazardous materials responses that may impact the Fire Department's ability to respond in a timely manner to a confined space rescue incident at the WWTP, may prevent response in any particular situation. For example, in the event of an earthquake or other widespread natural disaster, the Edmonds Fire Department may be called to respond to multiple emergency situations. In that event, the Fire Department shall make its best efforts to respond to all such calls for emergency service in accordance with triage principles established in conformance with the professional standards of fire departments and other emergency medical and rescue responders. 1.2 The Fire Chief shall: {WSS567458.DOC;1/00006.900000/1 - 2 - 1.2.1 Evaluate the Fire Department's ability, in terms of proficiency with rescue - related tasks and equipment, to function appropriately while rescuing entrants from the particular confined spaces identified in the permit describing a particular entry. 1.2.2 Designate a rescue team that: 1.2.2.1 has the capability to reach the victim(s) within a time frame appropriate to the identified hazard; and 1.2.2.2 is 'equipped and trained for proficiency in the needed rescue techniques or services. 1.2.3 The rescue team(s) shall be informed by the Public Works Director or his designee of the hazards they may confront when called on to perform rescue at the Wastewater Treatment Plant and the rescue team shall be provided with site access in order that it can develop appropriate rescue plans and practice rescue operations. 1.3 The City Council hereby authorizes transfer of the sum of $3,000 in fiscal year 2004 from the Wastewater Treatment Plant Budget to the Fire Department Budget for the cost of training personnel to maintain certifications necessary to perform the rescue operations intended and for the purchase, maintenance and depreciation of equipment utilized in such confined space rescue operations. The Fire Department shall annually report a sum commensurate with the cost of maintaining the capability to provide rescue operation services to the Wastewater Treatment Plant and to the Edmonds City Council through the Mayor's annual budget message as a part of the annual budget process. The sum charged to the Wastewater Treatment Plant shall be discounted to reflect that the Department's response capability is always subject to the needs of the community and that response in any particular situation cannot be guaranteed. {WSS567458.DOC;1/00006.900000/} - 3 - Section 2. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVE . MAYO GAR AAKENSON ATTEST /AUTHENTICATED: a XALA � ed . CITY CLERK, SANDRA S. CHASE APPROVED AS TO ORM: OFFICE OF H ITY T Y: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 05/14/2004 PASSED BY THE CITY COUNCIL: 05/18/2004 PUBLISHED: 05/26/2004 EFFECTIVE DATE: 05/31/2004 ORDINANCE NO. 3500 {WSS567458.DOC;1/00006.900000/} - 4 - SUMMARY OF ORDINANCE NO. 3500 of the City of Edmonds, Washington On the 18th day of May, 2004, the City Council of the City of Edmonds, passed Ordinance No. 3500. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A POLICY FOR THE PROVISION OF RESCUE OPERATIONS AT THE TREATMENT PLANT, PROVIDING FOR THE PAYMENT OF A CHARGE FROM THE WASTEWATER TREATMENT PLANT TO THE GENERAL FUND, FIRE DEPARTMENT BUDGET AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 19th day of May, 2004. CITY CLERK, SANDRA S. CHASE { WSS567458.DOC;1/00006.900000/ }- -5 - Affidavit of Publication STATE OF WASHINGTON, S.S. COUNTY OF SNOHOMISH SUMMARY OF ORDINANCE NO. 3500 o t e ity o mon s, as mg on On the 16th day of May, 2004, the City Council of the City Of Edmonds, passed Ordinance No. 3500. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, ESTABLISHING A POLICY FOR THE PROVISION OF RESCUE OPERATIONS AT THE TREATMENT PLANT, PROVIDING FOR THE PAYMENT OF A CHARGE FROM THE WASTEWATER TREATMENT PLANT TO THE GEN- ERAL FUND, FIRE DEPARTMENT BUDGET AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 19th day of May, 2004. Published: May 26, 2004: CITY CLERK, SANDRA S. CHASE The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett. County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice City of Edmonds Summary of Ordinance NO. 3500 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: May 26, 2004 Account Name: City of Edmonds Account Number: 101416 Order Number: 0001170090 and that said newspaper was regularly distributed to its subscribers during all of said period. Principal Clerk Subscribed and sworn to before me this 26th i/ RECEIVED day of May, 2004 rc,%J ° "111'R JUN 0 8 2004 •C A►� Y V% Notary Public in and for the late of i,4on, riming avE4ere�t Sno4o0se EDMONDS CITY CLERK County. puav :• 0 =•. 0 , s,C° �qTF OF W Account Name: City of Edmonds Account Number: 101416 Order Number: 0001170090